Medieval Crime and Punishment

Question 1

Fall of the Roman Empire

Answer 1

476 A.C
- Invaded by the Northern Barbarians/Saxons
- In England, divided into shires
- Shires ruled by king’s reeve (modern-day sheriff)

Question 2

Shire Reeve

Answer 2

Early Medieval English lawman responsible for maintaining peace, enforcing laws, and collecting taxes, and the forerunner of the modern-day sheriff
Family is the chief of social institution (Medieval England only) -> Any crime against an individual was regarded as a crime against the family
resulted in blood feuds
Attempt to diminish vengeance by Ordeals

Question 3

Medieval Ordeals

Answer 3

13th century -> Accused is put through a trial by ordeal
Ordeal: Medieval Method of determining guilt/innocence for crimes such as murder used across Europe from 800-1215
involved accused of doing a painful task
3 Ordeals: By fire, water, battle
- Based on the Christian belief that God protects the good/innocent and punishes the wicked. “Judgement by God”
- Innocent/Guilt revealed through divine intervention
- If Failed = execution
- Succeed = often died through the ordeal

Question 4

Ordeal by Fire

Answer 4

Accused walk over hot coals or Place an arm in boiling hot water
- If wounds did not heal after 3 days = guilty and condemned

Question 5

Ordeal by Water

Answer 5

Water considered divine
For Lower class
The accused was immersed in a body of water
- If floated = guilty
- Sank = Innocent. most likely drown

Question 6

Ordeal by Battle

Answer 6

Accused fight
Innocent = winner
Wealthy individuals could hire mercenaries

Question 7

Reforms of Henry II

Answer 7

Norman Conquest (1066) -> Normans intorduced central government that eventually created a legal system based on English and Norman customs
- King Henry II
- Magna Carta

Question 8

King Henry II

Answer 8

1154-1189
- his reign was marked by the increased power of the crown and the expansion of English common law through the introduction of traveling judges
- Established a court system where everyone could obtain justice from the King
- Made the crown the source of all justice at the expense of local manorial courts and customs (local elites)
- Brought justice available to all ranks, and criminal behavior came to be regarded as injury or defiance to the state

Question 9

Traveling Judges

Answer 9

Sent out rulers and/or judges to deal with cases in other regions

Question 10

Lateran Council

Answer 10

1215
Forbade priests from participating in Ordeals
- Which (ordeals) were abolished in England in 1220 and replaced by trial jury

Question 11

Magna Carta

Answer 11

1215
- The “Great Charter”
Reduced the king’s power by placing him under the law by forcing him to consult the barons before raising taxes
A progressive clause about no imprisonment w/out trial
- “No man should be arrested or imprisoned except by the judgments of their equals and the law of the land” (Only applied to FREE men)
- Featured some basic human rights

Question 12

Medieval forms of Capital Punishment

Answer 12

Execution or Branding (ie.: Letter R for “robber”)
= Little reason to maintain prisons
Prison served as holding places for accused
Executions: Hanging, Dismemberment, Breaking Wheel

Question 13

Hanging

Answer 13

Most common, public, less costly (from a tree)

Question 14

Dismemberment

Answer 14

The accused died of complications resulting from the forced tearing/removing of the limbs

Question 15

Breaking Wheel

Answer 15

After torture, the accused was hoisted on top of a large wooden wagon wheel and was eventually devoured by birds